itinerat>> go >> good morning everyone. i am patti ann browne. >> i am ainsley earhardt.

it is december 20th. >> the top five stories making news at this hour. a massive chain reaction crash in new york leaving 33 people hurt and one person dead. it happened in the town of shirley on the long island expressway. the driver of a tractor trailer lost control and smashed into several vehicles setting off the chain reaction. the truck cause carrying debris from super storm sandy. >> it was like a movie. chain reaction. it was so fast. no one could react to it. >> 40 vehicles were involved in the wreck. it stretched the length of a football field. eastbound lanes are shut but westbound lanes are open. 4 u.s. citizens plotting to destroy u.s. targets overseas. they pleaded not guilty to charges of conspiracy. three already pleaded guilty but changed their plea when is the 4th was indicted as being the

ringleader. the younger brother of bernie madoff will be sentenced for helping pull off the biggest ponzi scheme in history. he is expected to spend the next ten years behind bars. one victim fired off a letter to the judge saying she is very unhappy the sentencing was postponed from december 9th. another was outraged because . y >> no sign of inmates who used bred sheets to break free in chicago. after their escape they got into a cab without their orange jump suits on. they went to connolly's mom's how is she turned them away and called the cops. a 50,000 dollar award is being offered for any information that is led to their capture. >> she brought the miss universe crown to the united states.

>> thmiss universe 2012 is usa! >> 20-year-old olivia, the 8th american to ever win the title. the last time it happened, 1997. the rhode island native beat the first runner up ms. philippines and miss venezuela who came in third. >> the u.s. getting pummelled with a massive thunderstorm just days before christmas. dumping at least a foot of snow in the next 48-hours. dozens of flights already canceled. it is going to get worse we are told. strong winds making visibility pretty difficult. nine states are under warnings. for the lathes on what to expect joe to janice dean. hey, janice. >> hads quite a storm packing a

punch. we not only have blizzard warnings but earlier we had tornado warnings. tornado watch in effect for parts of the mississippi valley and many thunderstorm warnings in effect along this area. a storm cloud ahead of it a warm unstable air mass. that's why we are seeing the threat for tornadoes hail and damaging winds. the blizzard side of the storm we have blizzard warnings for at least five states as you can see here stretching from portions of nebraska through iowa and the midwest. blizzard conditions are expected through out the day today with heavy snow and wind gusts in excess of 50 miles per hour. that's going to cause blowing snow and cause crippling travel. wind gusts over 30, 40 miles per hour in college city towards wichita as we head to milwaukee and chicago wind gusts almost 50

miles an hour. that's going to cause some real problems. you know when you have travel delays across the midwest that's the ripple effect across the country. definitely call ahead we will keep you updated on the watches and warnings. >> it always happens at christmastime when people are trying to get home. >> i know. >> thanks so much, janice. in just a few hours congress will grill a stop state department aid about about the benghazi terror attack. clinton has fell and has a conclusion a -- concussion and is unable to testify. >> they will be on capitol hill about this scathing new report that may cost 4 department officials their job. all four are on administrative leave. two big headlines from this report, though.

first despite initial claims from the administration there were no protests outside of the u.s. consulate in benghazi that led to the attack there back in september that killed u.s. ambassador chris stevens and others. the state department should have done more to prevent the attack. >> the security posture at the special mission compound was inadequate for the threaten viern. in benghazi. grossly inadequate to deal with the attack that took place that night. now two of the four state department officials who have either resigned or are on leave eric boswell the assistant secretary of state and char leem lamb who was responsible for embassy security specifically. >> clearly we were lied to from the very beginning, we were totally misled. it was the whistleblowers who came forward and provided the

documents. chairman ice saw, myself, goudy and others pushing for this otherwise we wouldn't have this happening. >> the one person we haven't heard from on this is secretary of state hillary clinton. she is still recovering from stomach flu and concussion raising eyebrows about her willingness to testify. we know she will appear next month about what happened in benghazi. doug luzader live in washington. thank you. >> that leads us to today's "look who's talking." she says it has been three months since the deadly attack in benghazi and no one is held accountable especially the terrorists that were involved. >> we have not done anything to capture or kill any of the terrorists who under took this action who killed our people.

that's in large part because we have no interrogation program, because we are treating this like a law enforcement matter because the fbi is asking nicely can we get access to the one person who seems to be in custody, tunisians. but we have done nothing to bring anybody to justice for these murders. this is a 4 part scandal and coverup. neither the president nor the secretary of state has given anybody a true or full accounting of what happened and what they knew and what they knew it. >> as mentioned earlier hillary clinton is expect to do testify on the benghazi attack in mid january. she may be retired from her post by that time. >> five more victims of the sandy hook masses kerr will be played to rest. katherine hubbard, ann marie

murray, benjamallison wyatt and benjamin wheeler lauren rousseau. >> they told us all along they have many witnesses to interview and they have a lot of good evidence. now we are learning about the kind of evidence that might not be so helpful to them on what made add dlanl sglau tick. adam lanza's cell phone records reveal he made few cell phone calls. he destroyed his computer in some way to figure out who he is talking to and who he may have warned if any one on-line about the deadly plan. it might be tough to figure out who he was playing violent games

with on-line because the new york post shows he likes to play call of duty first person shooter game in his mother's basement where he lived until last friday. >> beater doocy, thank you. >> if you didn't go over board on the christmas shopping you are not alone. sales would not be as good as originally expected. the other business headlines is lauren simonetti. >> good morning patti ann. the frantic start to the hole sdooin ended pretty fast. holiday sales would rise that's down from the forecast of 3.3. super storm sandy and heavily discounted merchandise for their estimate. analysts say the saturday two-days from now a huge shopping day and they can get good deals then, too.

>> gift cards usually it's something that you can spend right away but there's a new kind of gift card. there be savings plans for college. shoppers have the perfect gift for the holidays. some people think it's a better way for money to be put to the intended purpose. writing a check to say put this away for college but they end up spending it. >> mcdonalds might be pushing franchises. >> they are encouraging them to stay open on the holiday that according to an internal memo. it could be an $85 million sales day for the fast food giant boosted december sales the same way opening on thanksgiving boosted november sales. mcdonalds isn't the only thing

open on christmas day, duncan doughnuts, burger kings, starbucks. >> if they do this they are killing christmas. >> i am surprised to hear they would expect such a sales day on christmas day. that many people go to mcdonalds? they want their big macs. the time 11 after the hour. it is a military tradition at west point that has been around since the days of george washington. but it could come to an end. we will explain. could the rumors about senator affleck be true? he had a big meeting with a powerful lawmaker. right now a look at late night with jimmy fallon. >> here's what's going on. there are new reports that president obama is considering the ceo of american express be the next treasury secretary. it will be annoying when he presents his choice to senate and they are like oh, we actually don't take american express. we take discovery.

>> it is quarter after the top of the hour. this is a segment we call what the hill hill. actor ben affleck meeting with john kerry amid rumors he might replace kerry. affleck was reportedly mentioned as a possible replacement for kerry if he is chosen as secretary of state. senators taking a break from fiscal cliff talk or a movie night. >> a new birth of freedom that government of the people, by the people, for the people. the senate holding a special screening of steven spielberg's lincoln. spielberg and daniel day-lewis were there as well. this morning we are hearing from florida senator bill

nelson. he has been working with officials to he can secure the release of john hammar who has been locked up in a mexican jail since august on a bogus gun charge. he was carrying an antique weapon across the mexican border. >> the obama administration has not been able to get him released but last knightsen tore nelson promised they are getting closer. >> i talked to the mexican ambassador to the united states. several times most recently today he is -- and by the way he's a good guy. he is working very hard to make sure that this happens. now here is the big travesty. the fact that he was picked up in the first place when obviously he didn't have any mean, evil intent, but secondly that a justice system is so slow that a federal judge won't hear his case. >> we all know that but we all

have to get the good boys the president and secretary clinton -- >> that's why i was on the phone. >> please stay in close touch with us. days are dwindling. >> i am very optimistic this is going to be resolved very soon and i open it's before christmas. >> that leads us to our question of the day. we want to know if you think president obama should step in and get this former marine home in time for christmas. >> you can send us your comments by tweeting them to us at fox friends first or e-mailing us at foxfriendsfirst@foxnews.com. we will read some of them later. next, he's an american and a christian pastor. why is he sitting behind bars in iran not charged with anything? >> it could be the best christmas present you get this year. a job. sheryl casone knee is here with three places they are hiring

right now.

>> it is 21 after the hour. it is supposed to make you feel better but sglzycam nasal gel i being recalled so it doesn't make you sick. bacteria was found in a sample. the recall effects lot 2 j 23 with an expiration of september 20, '15. he was fired after serving

in afghanistan now the postal service must pay up. rick erickson was fired when he took military leave in 2000. a judge said essoed back pay which could be up to $2 million. he has more than 30 military honors including a purple heart. ainsley? >> thanks patti ann. it is not too late to get a seasonal job. for some industries the busy season starts after the new year. >> there are three companies hiring this week cheryl casone and the fox business network. >> good morning, cheryl. >> guess what? 25 percent of engagements happen between thanksgiving and new years. >> that makes sense. >> david's bridal are hiring they will be january 1st they will do weddings customer service. they have 3,000 seasonal jobs are open. their season is really going into the spring. base pay is 7.50 an hour. you can get commission as well.

there will be part-time jobs and full-time jobs. some of the job also continue on. it's a seasonal job. >> has to be a fun job. get to see brides triying on their dresses. it is tax time also. >> liberty tax. this is the third largest tax preparer in the country and they have about 50,000 jobs that are open. couple things about this. you make 10-12 dollars an hour. they compare the taxes certified tax preparers that can do marketing. you also get a 5 percent bonus on the revenue. there is training in this one. you have to have a college degree but a business degree would be helpful on this one. if you don't know your way around accounting world if you have a certain legal of experience you can come into liberty tax and they can help you out. that will go through the tax season. >> you will make 30-40 dollars an hour. might not be as much fun but it pays better.

>> you know this last one. vorinza. they own victoria secret and white barn candle bath and body works they hired about 55,000 people last year and this year. these are jobs that even if you think christmas is coming up next week there's no way, if they are busy enough they are going to need extra help. if they have college kids that are leaving those jobs could open up in january if you think you might want to do retail for a while. that's a seasonal job as well. bras, panties. come oovenlt oo you can log on to casone knee exchange d -- ca exchan exchange.com. if you found a job on this segment let us know. you can e-mail us as well. >> good to see you. >> you bet. >> time now 25 after the top of the hour. coming up a convicted murderer

got a sex change operation on the tax payer dime. now you have to pay for his lawyer, too. west point military academy being told they have to stop doing what they have been doing forever. coming up. but first on this day in history in 1957 elvis presley received his draft notice for the u.s. army. ♪ [ engine revs ] ♪ ♪ [ male announcer ] the mercedes-benz winter event is back, with the perfect vehicle that's just right for you, no matter which list you're on. [ santa ] ho, ho, ho, ho! [ male announcer ] lease a 2013 c250 for $349 a month at your local mercedes-benz dealer.

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>> welcome back to fox and friends first. i am ainsley earhardt. >> i am patti ann browne. it is time for your 5@5:30. the top five stories making news at this hour. in just a few hours lawmakers will grill a top state department aid about the benghazi terror attack. hillary clinton was supposed to testify but she fell and suffered a concussion. fox news is confirming she will testify in mid january. a scathing report just out about that attack. a big shake up in the state department. eric boss well the assistant secretary of state for diplomatic secretary signed. three other state department employees relieved of their duties and placed on administrative leave. a bipartisan group of senators not happy about the movie on

osama bin laden. americans should not believe a key scene in that movie it shows waterboarding and other interrogation techniques allegedly used to locate bin laden. lawmakers say it's a dangerous mix of fact and fiction. >> i think they should acknowledge that they were given wrong information. they had a lot of access to the cia. in fact one of the investigations going on about some of the information that they used. >> the filmmakers are standing by the scene. since september an american pastor has been jailed in one of iran's most notorious prisons for charges not being made public. reverend was born in iran and was granted u.s. citizenship two years ago. since then he traveled back to iran to visit family and he is being questioned by police for christian work in the country. his wife was on hannity last

night. >> we have had a few phone to phones and a few weeks ago he told me there are prisoners hurting him and there was a couple rounds of interrogators, the second round had hit him and had physically abused him. >> fox news reached out to the state department for comment but we have not received a call back. michelle kasilic was a murderer and the state waudz forced to pay for the sex change operation. a federal judge awarded the murderer's lawyer 700,000 in legal fees. that, too, is being paid for by the state. he was convicted of murdering his wife. they train to fight for our country but now they might be forced to give up praying at public events. americans united for separation of church and state want to end prayers at west point military academy.

the group claims there has been some complaints about praying at official events. west point leaders say although praying is a tradition it is voluntary. those are your top 5@5:30. just ahead of the big holiday travel season, the midwest is bracing for a massive snowstorm. several states under a blizzard warning right now. some already getting hit. in washington state roads are shut down the storm already cancelling dozens of flights. for the latest on what to expect let's go down to the weather center and our own january if is dean. >> good morning ladies. not only blizzard warnings we have tornado warnings as well. this new tornado watch has been issued for areas around the golf coast, louisiana, mississippi, alabama and the florida panhandle until noon local time. we have a couple of tornado warnings meaning we have strong location on doppler radar and our trained weather spotters are documenting this.

north of jackson as well around the mobile alabama area seek shelter immediately. this is a big storm affecting a lot of folks. you can see the blizzard conditions all along the midwest up toward the great lakes area. there is that line where things are starting to freeze in milwaukee. freezing rain will cause treacherous driving conditions. snow accumulations from a foot to over 18 inches. we have over a foot on the ground just around the des moines area will stretch into the interior northeast as well. the threat for tornadoes which will continue to keep you updated through out the morning. >> i know you will. >> in a few hours the house is expected to vote on speaker john boehner falling off the fiscal cliff. the white house promised to veto it. doug luzader is live with more.

plan b gets the moment in the spotlight today in the house. one option to avoid across the board tax increases next year as part of the fiscal cliff. it is a partial tax hike. it would renew tax rates for everyone raising taxes on those who make more than a million dollars a year. >> tomorrow the house will pass legislation to make permanent tax relief for nearly every american. 99.81 percent of the american people. the president will have a decision to make. he can call on a senate democrats to pass that bill or he can be responsible for the largest tax increase in american history. >> president obama has promised to veto plan b he dismissed it as simply politics. he is still holding out for plan

a a comprehensive deal. he invoked last week's school shooting in connecticut to make his point. if this past week did anything it should just give him perspective. if there is one thing we should have after this week it should be a sense of perspective about what is important. >> today's vote will be a real test with the fiscal cliff clock ticking. they will back speaker boehner some conservatives who draw a red line may fight this tooth and nail. >> i don't know how you got through that. >> fiscal cliff clock ticking. >> thank you, doug. have a good one. patti ann back to you. >> tim tebow is not happy he was

passed over for the jets starting quarterback job. >> obviously disappointed. he wanted to chance to play the game you love and help this team win football games. that's all i wanted. >> numerous reports say the jets will part ways with tebow after the season and are lacking to trademark sanchez. it's a first for the fighting irish. brian kelly the first notre dame football coach to win the associated press coach of the year award. notre dame is in the first bcs title game. ainsley? thank you patti ann. it is time to step in the fox light with michael tumaro. he is telling us about the new fox special on the kidnapping of frank sin gnaatrsinatra's son. >> it is the most twisted tales in the history of hollywood and crime. fox files reveals band new details about the shocking kidnapping of frank sin gnat

taw, junior which happened 16 days after the assassination of jfk. >> 44-year-old fbi agent dean nelson was put in charge of the investigation. >> i had two questions i had to ask him right then, what would young frank do this just to get publicity? he said dean he would never do this to his mother. eventually i asked him do you think the mob has had any connection with the kidnapping. >> a special edition of fox files saturday night at 10 m. . 10:00 p.m. >> you are leaving us hanging. >> it is called a tease. >> you got a chance to go to the famous studio 54. what was that like? >> the famous studio 54 which is home to the revival of the mystery of edwin droot based on the unfinished novel of charles dickens.

since the endling is unknown the audience gets to figure it out. >> over 500 combinations of what the ending could be? >> yes, murder to the detective and the lover. in fact the other night we had a first. he got on stage -- snchl inaudible) >> very rarely have i performed a number on a broadway show that i rehearsed once. never in costume. >> broadwit runs until march. >> it's great. i can't wait to see it. audienc involved. >> every night is a different story. >> nut cracker every child needs to have this experience. >> it is a favorite christmas tradition in many families but there is nothing more magical than seeing the new york city's

ballet version of the nut cracker experience is once in a lifetime. it takes on greater grandeur at lincoln center. a cast of 100 dancers dressed in gorgeous costumes on stage storm a makes this performance truly unforgettable. it runs through the end of the month. i saw it for the first time two weeks ago and i was blown away. >> i am glad you got a chance. good to see you this morning. >> it is 39 after the top of the hour. coming up, think you are in good hands with a surge done? frightening new numbers might have you thinking kies twoois before going under the knife. the treasury is bragging about selling the tax payer stake in general motors. but there is a part of the story the government is not telling you.

>> 43 after the hour. strong winds kicking up so much dust in west texas drivers could

not see a thing. that led to a series of accidents that hurt 17 people and left one person dead. part of interstate 27 was shut for showers but is now open. events that should never happen in medicine like operating on the wrong patient. a brand new study finds surgeons make those mistakes more than 4,000 times a year in the united states alone. ainsley? >> thanks patly ann the treasury department looking at releasing the common shares of general motors but taxpayers you and me might have to lose money in all of that>> building on the recent efforts it aims to unload the remaining 500 million common shares in general motors within the next 15 months. as part of the agreement gm says it will buy back 200 million shares for 27.50 each or

5.5 billion total. that's nearly 8 percent premium on gm's tuesday closing price. it plans to unload the remaining 300 million shares on the open market within the next 12-15 months starting as soon as january and based on a prearranged prit ten trading plan. even if the government gets the same 27.50 for the remaining shares the taxpayers will shiti be more than 7 billion short of recouping the nearly $50 billion bailout we gave to gm during the crisis. it has recovered 27 billion of that. the government is relinquishing governance rights it received in exchange for the bailout. it happens days after they reloaded the common stock to american int nacional group and said it plans to make significant progress next year in winding down the tar banks programs. it recovered 381 billion or 90 percent of the 418 billion in funds handed out. gm said it expects to close this

year's buy back by the end of the year and expects the move to add earnings in share by cutting outstanding shares but it plans to take a roughly $400 billion charge in the 4th quarter because of it. kind of a mixed bag here. thank you diane. it is quarter to the top of the hour. and guys hanging those christmas lights or women for your husband we have a good excuse you can give your wife or husband and it comes right from the police. >> how not to get nickel and dimed on your christmas travel. simple things you can do to save some money. this is how mommy learned... ...and now... you! [ giggles ] ♪ the one and only, cheerios

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director respectivelydirector respectively. >> now the lathes on the top story the midwest getting hit with this massive thunderstorm. it will effect many of you

traveling for christmas no matter where you live. joining us live from wisconsin is wipi angelica durio. >> good morning. we are in dewaukee wisconsin 40 miles west of milwaukee. it started out as rain and then turned into slush. now we have snow you can ee see on the roadways. it has turned into slush so it is making driving conditions very difficult at this hour. there have been a few cars we have seen on the roadways. a lot of them are staying home during the storm. we have seen several plow trucks out on the roadways emergency vehicles. for now it is pretty quiet. but as the morning progresses it could get a lot busier. we know conditions are going to get much worse. at this time no cancellations at the airport no school closings but as the day progresses we can definitely see worse conditions

here in wisconsin, up north and out west toward madison or up north toward green bay they are expecting more than a foot of snow. that is the latest from pewaukee, wisconsin. back to you, ainsley. >> thank you angelica. thank you for the warnings. always scary if you have to drive in those conditions. >> flying, too, could be a mess. what can you do to make traveling easier? joining us now with great ideas is travelocity senior editor courtney scott. thank you for joining us. we are going to talk about the newest travel apps, these are free there's also web sites. tell us about them. >> the first one is travel nerd. it is the most comprehensive free app to navigate through the airport with he's. it gives you the best locations to find wi-fi. if you are a mom it gives you a nursery and location gives you the ground transportation that you need and also coupons for parking which we all love to save a dime.

>> it tells you where the food is, too so you don't have to wander around. >> site geist. >> forget the travel guide you are a walking travel guide. it gives you visual representation of data four square check ins and it is stylish graphic. you are a know it all. >> pretty school if you have a smart phone. there is also a web site last minute.com that can help out, too. >> it is great for last minute hotels and it is an app. whatever device you have you can get up to 55 percent off today, tomorrow last minute deals they are all there for you. >> all right. you also want to save on your parking save on your baggage. there are ways to do that as well. >> first of all for baggage you want to book on-line. check your baggage on-line. on spirit air you can save $5 on every bag you check in on-line verses at the ticket counter. for parking those coupons are

available. print them out or download the apps like travel nerd. >> something folks are going to be interested in this season because we have the snow conditions delays and cancellations at the airport. what can you do? >> the first thing you need to do is go to the counter and talk to the carrier to find out what's happening right there at the airport. while you are doing that go on to a web site from your smart phone look at the flexible travel policy at the carrier's web site. they are all different and they offer potential discounts on rebooking your flight if you are faced with a cancellation. at the same time you should be booking a hotel if you are faced with a cancellation you can stay in the hotel area. those hotels fill up first and then you are stuck in a terminal. >> that could be the reality. you should be prepared for delays and cancellations. don't pack anything that is that important in your checked baggage. >> if you are traveling these next few days in the hit areas like we just saw you don't want to leave the house with all of

your medications, formula for your baby in your checked luggage. if at all possible have it in a carry on. if you are rerouted or put on a separate flight you will have the other thing with you. >> cell phone charger don't check that. >> all of your chargers. >> may need to make a lot of phone calls. lots of good information travelocity has the goods. travelocity senior editor thank you for being with us. go happy traveling, folks. talk about man's best friend. he save add puppy from afghanistan now the dog is returning the favor. now test the last chance to look at the question of the day. should president obama step in and get former marine john hammar home in time for the holidays? we will have your e-mails and tweets next. captioned by, closed captioning services, inc.

this bible changed the world. i'm kirk cameron. four hundred years ago our forefathers risked their lives to bring this bible to the shores of america. because it contained the principals for economic liberty, political liberty and religious freedom. the 1599 geneva bible. it was the first complete english translation, complete with chapters, numbered verses and 300,000 utterly unique study notes. it actually came out before the king james version and because the government didn't authorize it, it was outlawed. but it was a bible by the people, for the people, the book that built america. and now for the first time in 400 years it's available again in a beautiful leather edition. i have one, i want you to have yours too. please visit genevabible.com and get your copy

of this rare and historic version of god's word today. thank you and may god bless you.

note >> we'll start with the good. a dog rescued from afghanistan saved his owner's life . her husband was having a seizure thanks to meatball he is okay . police are warning homeowners that christmas lights may not be a bright idea. the lights are an invitation to see what you have inside of your home. and finally the ugly . a mile that lights up the room . that is the mug shot. sarah richardson after being busted for drunk driving in new mexico. she resigned her crown .

patti ann. >> earlier in the show we asked if you think that president obama should step in and give marine john hammer who is held in jail for a bogus gun charge. here are your responses. >> this marine fought for the president's freedom just as he did yours or not. the president should have settled this four months ago. >> lisa said all prisoners of a foreign government should be sent back to their home countries for legal issues. >> it should be a simple call for president obama to make. i don't understand why he hasn't gotten involved yet. this guy has a purple heart and it would be great for him to be able to come home for the holidays. >> it is time for an awesomely